"Mr Pape had asked the court to order that each party pay its own costs if his case was unsuccessful."
Don't think so. If you lose the case you pay the costs. Mr. Pape is testing a theory , as far as I understand his actions, to see whether our Government's stimulus package grants are legal. He is, in fact, challenging what was agreed to be our reaction to the financial crisis as they did in Germany, USA and Britain. Countries believed this was how you met the global financial crisis at this time. So Mr. Pape has used a hypothesis that it may be illegal according to our laws to give tax payers the 900 dollars or whatever they are getting. Did anyone challenge the constant hand outs by the Howard government as a hypothetical test? Surely it should have been done because we have now a history of that in Australia. The Rudd government was acting in unison with similar nations and presumably on advice. If you now test it you are actually testing the capacity of a government to make what it considers to be reasonable decisions at a time of real crisis. I think the Howard payments should have been tested. They were less critical.
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